Seller withdraws after accepting offer

[Tranona]

In general you don't have to write or sign anything to have a contract.

It's a long time since the "Contract Law" module on my otherwise engineering-based degree course, but as far as I remember you need only offer, acceptance, consideration, and the intent to create legal relations. No need for anything to be written down. The OP has all of those things, plus the added bonus of a knowledgeable witness to the formation of the contract (the broker).

Nevertheless, I agree with everyone else that in practice it's not worth fighting, mostly because there has been little or no loss. Perhaps at most a letter to the vendor pointing out that there is a contract to sell - perhaps he might use it to help persuade his wife to change her mind

Pete

I know that a verbal contract is binding. Just pointing out that a verbal agreement over the phone would just be general and would not be regarded as the basis for claiming all those sorts of damages if one party withdrew. Even if they had signed the "normal" contract the potential for damages would be very limited and specific. For example if you made completion by a certain date a specific condition because you wanted the boat for your holiday and he failed to complete you could have a claim for any material loss.

However, doubt any sensible seller would accept that condition in the first place, so any damages would have to be as a direct result of his failure to fulfil his side, and be quantifiable.

Simply can't see how changing his mind the next day could lead to any loss, frustrating though it is.

 

[Angele]

I am calm. I have decided that having my advice repeated is a sincere form of flattery.

I think this means an addendum to the Lakesailor rules - it isn't Lakesailoring if Lakesailor's keyboard doesn't have teethmarks.

 

[sarabande]

I am calm. I have decided that having my advice repeated is a sincere form of flattery.

So, irritation is not the sincerest form of flattery ?

 

[Lakesailor]

Part C; Rule 9, c makes this irrelevant. http://www.lakelandimages.co.uk/lakesailoring/

 

[ithet]

In general you don't have to write or sign anything to have a contract.

It's a long time since the "Contract Law" module on my otherwise engineering-based degree course, but as far as I remember you need only offer, acceptance, consideration, and the intent to create legal relations. No need for anything to be written down. The OP has all of those things, plus the added bonus of a knowledgeable witness to the formation of the contract (the broker).

Nevertheless, I agree with everyone else that in practice it's not worth fighting, mostly because there has been little or no loss. Perhaps at most a letter to the vendor pointing out that there is a contract to sell - perhaps he might use it to help persuade his wife to change her mind

Pete

So, if you believe that an irrevocable contract was made between the two parties at the time of the offer, would the OP be happy if the seller rings him up tomorrow to say the he has changed his mind, and insist on a purchase going ahead with no conditions (and not subject to survey)? I think not! Otherwise its a somewhat onesided deal.

My understanding is that without a written agreement of sale, the implied legal contact occurs at the point at which the selling party physically takes payment. This was explained to me by a legal representative of Citizens Advice Bureau once. That is why the purchaser needs to get the seller to sign an Agreement to sell before paying for a Survey (see RYA site for a copy).

 

[Rivers & creeks]

The purchaser of our last boat almost pulled out of the deal having made a deposit. The broker informed them that if they did the full deposit would be forfeit and shared between broker and client - they then completed very quickly!!!

 

[RichardS]

It is impossible to enforce a verbal contract, not worth even thinking about it.

In employment law it is not uncommon to enforce a verbal contract or the termination of it.

Richard

 

[nevis]

Under the law isn't there a 7 day cooling off period re the sale of goods or services

 

[prv]

Simply can't see how changing his mind the next day could lead to any loss, frustrating though it is.

Indeed.

Pete

 

[Clyde_Wanderer]

Dont think the op has much chance of compensation.
I have a close friend who pulled out of the sale of his boat due to various reasons.
The buyer took him to court and not only lost his case but got charged costs and had to pay my friend loss of earnings and costs.
In your case the seller could declare that the boat was joint owned between him and his wife, which would make his acceptance of your offer not a legal contract unless his wife had also accepted!
I would walk away if I were you.
Good luck.
C_W

 

[TQA]

Nothing is sold until money has changed hands. Same as in property sales.

Absolutely not the case.

Land and property contracts have to be in writing. Most others can be verbal. All that is required is offer and acceptance. Money does not have to be involved.

You made an offer which was accepted therefor a contract exists.

Basic English law.

 

[davidfox]

In general you don't have to write or sign anything to have a contract.

It's a long time since the "Contract Law" module on my otherwise engineering-based degree course, but as far as I remember you need only offer, acceptance, consideration, and the intent to create legal relations. No need for anything to be written down. The OP has all of those things, plus the added bonus of a knowledgeable witness to the formation of the contract (the broker).

Nevertheless, I agree with everyone else that in practice it's not worth fighting, mostly because there has been little or no loss. Perhaps at most a letter to the vendor pointing out that there is a contract to sell - perhaps he might use it to help persuade his wife to change her mind

Pete

But isnt that the point 'Consideration' if you have paid nothing then you do not have a contract?
Offer, acceptance, consideration - ?

i await broadsides

 

[Lucky Duck]

But isnt that the point 'Consideration' if you have paid nothing then you do not have a contract?
Offer, acceptance, consideration - ?

i await broadsides

In the absence of any provisions to the contary payment would only become due when the goods or services have been completed. Consequently the contract must have been formed at some time before payment is made.

 

[TQA]

The legal definition I believe

"Consideration in English law is one of the three main building blocks of a contract. Consideration can be anything of value (such as an item or service), which each party to a legally binding contract must agree to exchange if the contract is to be valid. If only one party offers consideration, the agreement is not legally a binding contract. In its traditional form, consideration is expressed as the requirement that in order for parties to be able to enforce a promise, they must have given something for it (quid pro quo): something must be given or promised in exchange or return for the promise. A contract must be "met with" or "supported by" consideration to be enforceable; also, only a person who has provided consideration can enforce a contract. In other words, if an arrangement consists of a promise which is not supported by consideration, then the arrangement is not a legally enforceable contract. Mutual promises constitute consideration for each other. ("I promise you to do X, in consideration for which promise you promise me to do Y")." Wiki

 

[Tranona]

Under the law isn't there a 7 day cooling off period re the sale of goods or services

Not in a private sale between 2 private individuals. Terms and conditions are determined by contract law. "Cooling off" periods to apply in certain aspects of consumer law - that is the law that covers transactions between traders and private individuals.

 

[Sybarite]

"The offer was the asking price with a few fairly low value extras thrown in,"

I think that this is the weakness in your argument. You did not offer exactly the asking price. Therefore he is not obliged to accept it because there is contract when there is agreement on the thing and on the price. Which apparently there wasn't even if the difference was minor.

 

[ripvan1]

Correct me if I'm wrong but was offer made and accepted subject to survey/testsail (as is quite normal) - then if so and no survey carried out then surely contract hasn't been made and can't then can't be broken.

 

[Sybarite]

I have a close friend who pulled out of the sail of his boat due to various reasons.
C_W

He was a bit wrapped up in it was he?

 

[Lakesailor]

The legal definition I believe

Have you read any of the other posts?

He doesn't have any chance of getting any satisfaction by going to law.

 

[BarryH]

I believe a verbal agreement for the sale of a boat is enforceable. The problem is proving the contract, which might be easier in this case because you have the broker as a witness / agent. It would be useful to get the broker to confirm the position in writing as quickly as possible to preserve his evidence.

You are unlikely to get a court to order that the vendor completes the sale (although it is possible) unless the boat is extremely rare. It is more likely you would get damages. If you go on to buy another comparable boat and it costs you say £10,000 more, you can claim that £10,000 difference in price.

But. Your legal fees will exceed anything you recover, unless you pursue the claim in small claims court (where you can do it yourself). First step might be to write to vendor and broker confirming that you had a verbal agreement, that the agreement is binding (give all the details of times, dates, prices etc.) and tell him that you expect him to follow through, failing which you will consider taking legal action.

Edit - in any dispute you have three options. Settle, sue or do nothing. Best option in this case is probably try to settle, if he'll agree to throw a few quid your way. Alternatively do nothing if the amount at stake isn't worth the aggravation. If you really think you got an exceptional deal and you won't find such a good deal again, you might consider suing in small claims court. But think about it for a while. In the meantime go and find yourself a buyer who will sell. But send your letter to this guy first, and see if he'll agree to sell after you've set out the position clearly.

Thats the problem with the world today, everyone thinks they're owed something......get a life and get real.So the vendor pulled out. Is no one allowed to have a change of heart.....
Would it be so different if someone had made an offer then had a change of heart at the 11th hour! At the end of the day the boat belongs to its current owner, if he doesn't want to sell he won't. I doubt a court would be bothered to give it court time. If the judge/magistrate has an ounce of common they'd tell the person to get a life. Sorry but thats the way I feel about these things. Its not as if a deposit had changed hands.